Damage caps in medical malpractice lawsuits

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On behalf of Cranwell & Moore P.L.C., Attorneys at Law posted in Medical Malpractice on Friday, January 9, 2015.

As Virginia residents know, medical malpractice lawsuits are initiated by a patient or his or her family and dependents when the act or omission by a medical practitioner has allegedly caused the patient severe injuries. It is based on the tort law principle of negligence.

Medical malpractice was brought under the legal purview in order to ensure patient safety. According to legal pundits, the goal of medical malpractice law is to attain three goals that promote patient welfare. First, the law immediately creates accountability of the medical practitioners. This accountability in the form of disincentives such as heavy fines - and the threat of losing one's license to practice - deters medical practitioners from being negligent during all medical procedures.

Second, the medical malpractice law ensures that any victim or patient whose health has been adversely affected due to the medical practitioner's negligence has the right to seek due compensation. Many times the victims of medical malpractice must incur heavy medical costs to recuperate from the injury caused by medical professional negligence. In some cases of medical malpractice, the patient may even die. The victim's legal representatives in those cases have the right to seek legal remedy.

Last, medical malpractice law seeks to restore justice. Many Virginia residents seek out professional legal help in order to fight against medical malpractice in the court of law. Medical malpractice cases can often be complex as proving a causal relationship between the medical procedure and injury caused can often be difficult for the victim or his family. Once proved, such negligence lawsuits can help in getting the victim and his family justice in the form of pecuniary damages and compensation.

Source: InovaPeds.org, "Medical malpractice: the good, the bad and the ugly", accessed on Jan. 2, 2015

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